Fairfax considering new regulations on leaf blowers, county supervisor studying the issue

Thanks to Douglas Green the town of Fairfax is considering the regulation of leaf blowers, and the county of Marin may follow suit.

Green, 71, who lives in Bennett House, a low-income apartment building for seniors near downtown Fairfax, gathered more than 1,300 signatures on a petition calling for a ban on "fuel operated yard blowers" after he became fed up with their use there.

Green said before he started complaining professional landscapers were using leaf blowers at Bennett House every Wednesday between 8 a.m and 9 a.m.

"That was really bad for a lot of the elderly and disabled folks who live here," Green said.

Green, who uses a wheelchair because he suffers from chronic obstructive pulmonary disease, said the final straw came one day when he was rushing out to close his car windows before the blowers could fill his car full of leaves and dirt.

"As I was passing by the yard blower guy, he blew me real good with dust off of the parking lot," Green said.

Green said when he started gathering signatures outside Fairfax markets and on downtown streets, he was surprised at how easy it was.

"Ninety-percent of the people I talked to said, 'Oh my god, I hate those things. I'm glad to sign your petition.'"

In addition to his petition, Green presented the Fairfax Town Council with research he had assembled via the Internet on the negative aspects of leaf blowers. This included a 1999 Orange County grand jury report on the pollution hazards of leaf blowers.

According to the grand jury report:

 "Exhaust pollution per leaf blower per hour is the equivalent of the amount of smog from 17 cars driven one hour and is localized in the area of the blower usage."

 "The high-velocity air jets used in blowing leaves whip up dust and pollutants. The particulate matter swept into the air by blowing leaves is composed of dust, fecal matter, pesticides, fungi, chemicals, fertilizers, spores and street dirt which consists of lead and organic and elemental carbon. About 5 pounds of particulate matter per leaf blower per hour are swept into the air and take hours to settle."

 "Gasoline-powered leaf blower noise is a danger to the health of the blower operator and an annoyance to the non-consenting citizens in the area of usage."

After discussing the issue at its Dec. 5 meeting, the Fairfax Town Council directed its planning department staff to work with the town Planning Commission to develop a draft ordinance regulating leaf blowers. What the draft ordinance will look like is uncertain.

Six of Marin's 11 cities and towns — San Anselmo, Ross, Mill Valley, Tiburon, Belvedere and San Rafael — already regulate leaf blowers in some fashion. In San Anselmo, use of all types of leaf blowers is limited to 1 p.m. to 4 p.m. on Monday, Thursday and Saturdays. Blowers there can only be used for 30 minutes at a time per property. In Ross, the law is stricter. Use of gas-powered blowers there requires a permit, and to get a permit users must demonstrate a hardship or special circumstance, such as infirmity or a property size over one acre. Even with a permit, usage is limited to 9 a.m. to 5 p.m., Monday through Friday, and noise generated must be limited to less than 72 decibels.

William Martin, a gardener based in San Anselmo, said he didn't know about the San Anselmo ordinance until he received a warning notice earlier this year. The ordinance was adopted in 1993.

"It sounds to me like people sticking their nose in other people's business, which is typical of Marin County," Martin said. "Leaf blowers are a very valuable tool for gardeners."

Martin said the engines of other industrial tools such as chainsaws and lawn mowers also pollute the environment with exhaust fumes but aren't facing the same restrictions. He said limits on the days he can use leaf blowers restricts his income.

Fairfax Councilman Ryan O'Neil thinks most of the objections to leaf blowers stem from the excessive noise produced by gas-powered blowers.

"No one is banning the electric leaf blowers because they blow at a much lower rate," O'Neil said. "The main concerns are the hours of operations and keeping the decibel levels under control so it isn't like a two-stroke motorcycle zipping outside your yard on a Saturday."

Fairfax Mayor John Reed said, "I don't know that we necessarily should be banning all leaf blowers. I'm very interested to see what comes back from the Planning Commission."

Green has also brought his concerns about leaf blowers to Supervisor Katie Rice, and she has asked her staff to investigate the issue further.

"I am considering whether or not to move forward with some sort of ordinance regulating the use of gas-powered or perhaps all leaf blowers," Rice said.

"I think there are issues with regards to noise and health both for the people who are using the gas-powered blowers as well as the public," Rice said. "But I'm also sensitive to the gardening businesses and landscapers who own and use them."

Green said even if new laws regulated only gas-powered blowers "that would be a big step in the right direction."

But Martin, the San Anselmo gardener, said electrical leaf blowers, which don't generate exhaust fumes, are impractical for gardeners because they require electrical cords.